EXPLANATORY STATEMENT
Family Law Act 1975
Rule of Court under the Family Law Act 1975
Statutory Rules No. 341 of 1985
The Statute Law (Miscellaneous Provisions) Act (No. 2) (No. 193 of 1985) (“the Act”) came into operation on 16 December 1985.
The Act repeals section 37A of the Family Law Act 1975 and substitutes a new section 37A. The Act also amends section 37B and makes a consequential amendment to section 123.
New Section 37A of the Family Law Act enables the Judges of the Family Court of Australia to make Rules of Court delegating certain powers of the Family Court of Australia to Registrars of the Family Court of Australia.
By virtue of section 123 of the Family Law Act and an arrangement with the Governor of Western Australia, the Judges of the Family Court of Australia and the Family Court of Western Australia may make Rules of Court providing for a number of matters, including the practice and procedure to be followed by Courts exercising jurisdiction under the Family Law Act.
Under new section 37A of the Family Law Act, the Judges of the Family Court have made the Family Court of Australia (Delegation of Powers) Rules (Statutory Rules No. 342 of 1985). These Rules delegate certain powers to the Registrars. The making of these Rules renders unnecessary Order 36 rule 3 of the Family Law Rules (Statutory Rules No. 425 of 1984) which was made under section 123 of the Family Law Act as it previously stood and which provided that Registrars could exercise certain powers.
The Rule of Court under the Family Law Act 1975 (Statutory Rules No. 341 of 1985), made by a majority of Judges of the Family Court of Australia and the Family Court of Western Australia under section 123 of the Family Law Act, omits Order 36 rule 3.